Opinion
Case No. 12-CV-13015
2013-09-23
TERRENCE HESTER, Plaintiff, v. MICHIGAN STATE POLICE TROOPER MARK MILLER, Defendant.
HON. GEORGE CARAM STEEH
ORDER DENYING IN PART DEFENDANT'S
MOTION FOR SUMMARY JUDGMENT (DOC. # 17)
This is an excessive force civil rights case in which plaintiff Terrence Hester alleges the improper use of handcuffs by defendant, Michigan State Police Trooper Mark Miller. The court held oral argument on defendant's motion for summary judgment on September 23, 2013. As stated and for the reasons given on the record, all of plaintiffs' state law claims are DISMISSED; however, defendant's motion for summary judgment as to plaintiff's Fourth Amendment excessive force claim brought under 42 U.S.C. § 1983 is DENIED.
The court has set new dates in this matter as follows: Final pretrial order due: 10/21/13 Final pretrial conference: 10/28/13 at 9:00 a.m. Jury trial: 11/12/13 at 9:00 a.m.
IT IS SO ORDERED.
____________
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
September 23, 2013, by electronic and/or ordinary mail.